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HomeMy WebLinkAboutChapter 1 Comprehensive Planning 04-16-19 Chapter 1 Comprehensive Planning Planning 2 DESCHUTES COUNTY COMPREHENSIVE PLAN – 2011 CHAPTER 1 COMPREHENSIVE PLANNING SECTION 1.1 INTRODUCTION Background The purpose of the Deschutes County Comprehensive Plan is to provide a blueprint for land use conservation and development. This is accomplished through goals and policies that tell a cohesive story of where and how development should occur and what places should remain undeveloped. The Plan provides a legal framework for establishing more specific land use actions and regulations such as zoning. The goals and policies are based on existing conditions and trends, community values and the statewide planning system. This Plan covers a 20-year period from 2010-2030. To remain useful over that time, the Plan must provide clear policy direction yet remain flexible. As Deschutes County conditions change, legislative amendments will ensure the Plan remains relevant and timely. The unincorporated areas of the County are covered by this Plan. The cities of Bend, La Pine, Redmond and Sisters each maintain their own comprehensive plans within their respective Urban Growth Boundaries (UGBs). The cities and County use intergovernmental agreements to coordinate land use within UGBs. In Oregon, comprehensive plans must comply with the statewide planning system, which was adopted in 1973 to ensure consistent land use policies across the State. While compliance with the statewide system is required, it is also important for a comprehensive plan to reflect local needs and interests. This Plan balances statewide requirements and local land use values. Purpose of this Chapter This chapter clarifies the reason for comprehensive planning, addresses the role of the community in planning processes and discusses basic land use principles. The chapter is divided into three sections. ▪ Introduction (Section 1.1) ▪ Community Involvement (Section 1.2) ▪ Land Use (Section 1.3) Snapshot of Deschutes County Deschutes County lies in the heart of the State of Oregon and encompasses a total of 3,054 square miles. The County was created in 1916 from a portion of Crook County and was named after the Deschutes River. Deschutes County is defined in part by the variety and beauty of the natural landscape. On the western side of the County, large snow-capped volcanoes tower over pine forests dotted with mountain lakes. The eastern side is characterized by high desert, sagebrush and large buttes. The Deschutes River runs north through the County, fed by numerous smaller rivers, creeks and springs. Section 1.1 Introduction DESCHUTES COUNTY COMPREHENSIVE PLAN – 2011 3 CHAPTER 1 COMPREHENSIVE PLANNING SECTION 1.1 INTRODUCTION Approximately 80 percent of the land in the County is publicly owned by the federal, state or local governments. Many of these lands are managed for public use and provide easy access for both residents and visitors to participate in hiking, biking, hunting, fishing, canoeing, skiing and other outdoor activities. These natural amenities make Deschutes County an attractive place to live. The U.S. Census in 2010 estimated Deschutes County’s population at 157,733. According to Deschutes County’s Population Forecast, the population will grow to 240,811 by 2025. Extrapolating the forecast out five years, the County anticipates a 2030 population of 266,538. Of that number, 88,748 people are expected to reside in the unincorporated areas covered under this Plan. Chapter 4 contains more detailed population information. Legal Framework In 1973 the Oregon Legislature adopted a statewide planning system that draws a bright line between urban and rural land uses, channeling growth into urban areas while protecting farm and forest lands. Public outreach around the State led to the adoption of 19 Statewide Planning Goals (Statewide Goals). These Statewide Goals are implemented through local governments’ adopted comprehensive plans. Local comprehensive plans are reviewed for compliance with the Statewide Goals by the Oregon Land Conservation and Development Commission (LCDC), a seven-member committee appointed by the Governor and staffed by the Department of Land Conservation and Development (DLCD). The comprehensive plans are, in turn, implemented through zoning, land division ordinances and other techniques. The majority of the Statewide Goals are written broadly, with specific regulations codified either in Oregon Revised Statute (ORS) or Oregon Administrative Rule (OAR). LCDC adopts the OARs, which clarify and implement the Statewide Goals. Over time, the rules, regulations and case law defining the Statewide Goals have become more detailed and complex, and are a significant factor in determining the elements of a comprehensive plan. Statewide Planning Goals Goal 1 Citizen Involvement: To develop a citizen involvement program that insures the opportunity for citizens to be involved in all phases of the planning process. Goal 2 Land Use Planning: To establish a land use planning process and policy framework as a basis for all decisions and actions related to use of land and to assure an adequate factual base for such decisions and actions. Goal 3 Agricultural Lands: To preserve and maintain agricultural lands. Goal 4 Forest Lands: To conserve forest lands by maintaining the forest land base and to protect the state’s forest economy by making possible economically efficient forest practices that assure the continuous growing and harvesting of forest tree species as the leading use on forest land consistent with sound management of soil, air, water, and fish and wildlife resources and to provide for recreational opportunities and agriculture. Goal 5 Natural Resources, Scenic and Historic Areas, and Open Spaces: To protect natural resources and conserve scenic and historic areas and open space. 4 DESCHUTES COUNTY COMPREHENSIVE PLAN – 2011 CHAPTER 1 COMPREHENSIVE PLANNING SECTION 1.1 INTRODUCTION Goal 6 Air, Water, and Land Resources Quality: To maintain and improve the quality of the air, water, and land resources of the state. Goal 7 Areas Subject to Natural Hazards: To protect people and property from natural hazards. Goal 8 Recreational Needs: To satisfy the recreational needs of the citizens of the state and visitors and, where appropriate, to provide for the siting of necessary recreational facilities including destination resorts. Goal 9 Economic Development: To provide adequate opportunities through the state for a variety of economic activities vital to the health, welfare, and prosperity of Oregon’s citizens. Goal 10 Housing: To provide for the housing needs of citizens of the state. Goal 11 Public Facilities and Services: To plan and develop a timely, orderly and efficient arrangement of public facilities and service to serve as a framework for urban and rural development. Goal 12 Transportation: To provide and encourage a safe, convenient and economic transportation system. Goal 13 Energy Conservation: To conserve energy. Goal 14 Urbanization: To provide for an orderly and efficient transition from rural to urban land use, to accommodate urban population and urban employment inside urban growth boundaries, to ensure efficient use of land, and to provide for livable communities. Note: Statewide Planning Goals 15-19 do not apply to Deschutes County. History of Planning in Deschutes County Deschutes County’s first Comprehensive Plan, Comprehensive Plan to 1990, was adopted in 1970. To comply with newly adopted statewide planning regulations a new plan was adopted in 1979, Deschutes County Year 2000 Comprehensive Plan (1979 Plan). In 1981, the 1979 Plan was acknowledged as being in compliance with the Statewide Goals. Along with the 1979 Plan, the County adopted a background document and map. The Deschutes County Comprehensive Plan Resource Element (Resource Element) contained valuable information pertaining to resources and demographics. The map depicted the long-term general land use categories for all lands in the County. Over time, the County amended the 1979 Plan to comply with changes initiated by the State, the Board of County Commissioners or property owners. Periodic Review, a plan update process once required by the state, started in 1988 and was completed in 2003. Periodic Review included major additions and amendments to the 1979 Plan to keep the Plan and its policies consistent with evolving State planning regulations and local conditions. The 1979 Plan was codified as Title 23 in the Deschutes County Code. Unintentionally, the additions, amendments and codification of the Plan led to a document that was no longer cohesive or user friendly. Some of the original chapters remained static and contained outdated information. New chapters were added that were not formatted to match earlier ones. In order to provide consistent and clear land use direction, the County initiated a DESCHUTES COUNTY COMPREHENSIVE PLAN – 2011 5 CHAPTER 1 COMPREHENSIVE PLANNING SECTION 1.1 INTRODUCTION major update and rewrite of the 1979 Plan in 2008. This Plan, Deschutes County Comprehensive Plan, is a broad revision of the 1979 Plan. Summary of Deschutes County Comprehensive Plans ▪ 1970 Comprehensive Plan to 1990 ▪ 1979 Comprehensive Plan to 2000 ▪ 1988-2003 Periodic Review ▪ 2011 Comprehensive Plan to 2030 Creating the Plan Land use is a key component of a community’s quality of life. Historically, regulation was initiated in this country to mitigate the negative impacts to communities that stemmed from “incompatible” land uses, like rendering plants next to homes. Yet finding the balance between controlling impacts for the public welfare and allowing individual property rights remains challenging. The United States Supreme Court in 1926 ruled in support of zoning in Village of Euclid, Ohio v Ambler Reality. In that case they held that land use is a reasonable extension of police powers, the idea that the state may regulate behavior and enforce order to promote general welfare, morals, health and safety. The challenge is that most people want impacts from their neighbors’ land uses controlled, but they also want the right to use their own properties without restrictions. This makes land use decisions often deeply personal and highly controversial. While consensus may not be possible, one strategy is to search for common ground by building on community values. In 2008, Deschutes County initiated public meetings to listen to community values about land use issues. This plan integrates the values communicated through those meetings with numerous studies documenting current conditions and trends. It has been reviewed for compliance with the Statewide Planning Goals, ORS’s, OAR’s and local ordinances. Two sections were undertaken as complementary projects to the Plan update: the Transportation System Plan (TSP) and destination resort mapping. In addition, two community plans were initiated for areas that would benefit from local approaches to address specific issues. ▪ Transportation System Plan (TSP) ▪ Destination Resort Remapping ▪ Deschutes Junction Policies ▪ Terrebonne Community Plan ▪ Tumalo Community Plan Community Conversations In May 2008 County staff and the Deschutes County Planning Commission initiated a community input process called Community Conversations. Four community involvement goals evolved. ▪ Encourage the community to get involved in setting land use policy ▪ Ensure the updated plan addresses community interests and values 6 DESCHUTES COUNTY COMPREHENSIVE PLAN – 2011 CHAPTER 1 COMPREHENSIVE PLANNING SECTION 1.1 INTRODUCTION ▪ Create significant and continuing opportunities for informal land use discussions ▪ Familiarize the public with the purposes and processes of state land use regulations Steering Committee Appointed During the summer, the Board of County Commissioners designated the seven-member Planning Commission as the Steering Committee for the Comprehensive Plan. The Steering Committee hosted 12 informal public meetings to review and discuss chapters from the existing Plan. At each meeting the discussion focused on a current Comprehensive Plan chapter, the state requirements and current conditions. Some of these meetings included panel discussions with stakeholders and experts. Community Awareness In the fall, a flyer was sent to 42,500 households in the unincorporated areas of the County with their annual 2008 tax bills announcing upcoming Steering Committee meetings. This flyer was also handed out at public meetings and events. Additionally, a website was launched and continually updated to reflect each community conversation and steering committee meeting. Other media outreach with radio, television, and the local newspaper, the Bulletin, maximized awareness of the Plan update. Stakeholder Outreach Letters were sent to more than 150 governmental/quasi-governmental agencies and local organizations offering staff’s availability to meet with the agencies and organizations and/or conduct a presentation for their members. The goal was to inform stakeholders about the Plan update and discuss to any issues they would like the Plan update to address. Community Outreach Informal meetings were scheduled around the County to hear from the community. Staff organized the County into seven management areas and held community listening sessions in five areas with rural populations (two areas were unpopulated Federal lands). Additional meetings were held in Terrebonne, Tumalo and Deschutes Junction. Planners also staffed a booth at the spring and fall 2009 Home and Garden Shows, to get input from members of the community who traditionally do not attend land use meetings. Draft Comprehensive Plan On September 30, 2009 an updated draft Comprehensive Plan was released to the public. Ten additional Steering Committee meetings and six open houses were scheduled in locations around the County to gather public input on the draft Plan. The Planning Commission spent the next twelve months reviewing and revising the draft goals and policies in depth. A revised draft was completed in fall of 2010 and notice of the first evidentiary hearing was sent to the DLCD on September 30, 2010. Hearings and Adoption The Planning Commission held public hearings on November 18, December 2 and December 9, 2010 and continued the hearings to December 16, 2010. Deliberations took place starting on DESCHUTES COUNTY COMPREHENSIVE PLAN – 2011 7 CHAPTER 1 COMPREHENSIVE PLANNING SECTION 1.1 INTRODUCTION December 16 and continued to January 6 and January 13, 2011, when they voted to forward to the Board of County Commissioners a recommendation to adopt the draft Comprehensive Plan as modified. The Board of County Commissioners held public hearings on the Planning Commission recommended Plan on March 29, March 31 and April 5, 2011. The hearings were continued until May 11 and May 31, 2011, at which time the hearing was closed. Deliberations and first reading took place July 6; the second reading was scheduled for July 27, but was continued until August 10. The updated Plan was then adopted with an effective date of November 9, 2011. Data Collection Creating a comprehensive plan also requires an understanding of current conditions and anticipated trends. County staff worked with various state and federal agencies to identify updated information and policies. For many topics, detailed studies already existed. In other areas, staff identified further research to be completed when resources become available. Additionally, staff assembled reports relevant to the update. The primary documents and websites used in gathering information for the updated Plan are referenced at the end of each chapter. As noted earlier, the Resource Element was adopted in 1979 to provide background information on County resources and demographics. The Resource Element has been amended over time, adding such studies as the Geothermal Element (January 1985) or the Deschutes County/City of Bend River Study (April 1986). Plan Organization Deschutes County Comprehensive Plan 2030 is organized into five chapters: Chapter 1 Comprehensive Planning Chapter 2 Resource Management Chapter 3 Rural Growth Management Chapter 4 Urban Growth Management Chapter 5 Supplemental Sections Chapters 1-4 contain the following: Background: Information providing context for the reason and process for including the goals and policies. Goals: A general description of what Deschutes County wants to achieve. The County will direct resources and/or support partner agencies and organizations to implement the goals over the 20-year Plan timeframe. Policies: Statements of principles and guidelines to aid decision making by clarifying and providing direction on meeting the Goals. References: A list of resources used in the preparation of each chapter is included at the end of each chapter. Additionally, an action plan will be created under a separate process to implement the Plan Goals and Policies. 8 DESCHUTES COUNTY COMPREHENSIVE PLAN – 2011 CHAPTER 1 COMPREHENSIVE PLANNING SECTION 1.1 INTRODUCTION The land use Goals and Policies in this Plan are anticipated to be completed over the next 20 years. Future Updates In order to keep pace with changing needs, environmental conditions, economics and community values, this plan needs to be updated and amended periodically. The State calls for a periodic review to ensure the plan stays current with changes in ORS and OARs. Although the State Periodic Review process is no longer a requirement for Oregon counties, the entire plan should be updated at least every 20 years, with reviews occurring every five years. All Plan update processes will take place with the benefit of a full range of community involvement, including public hearings before the Deschutes County Planning Commission and the Board of Commissioners. The procedures for amending the Comprehensive Plan are outlined in Deschutes County Code, Chapter 22. DESCHUTES COUNTY COMPREHENSIVE PLAN – 2011 9 CHAPTER 1 COMPREHENSIVE PLANNING SECTION 1.2 COMMUNITY INVOLVEMENT Background Involving the public in planning is a critical part of Oregon’s land use system. Statewide Planning Goal 1, Citizen Involvement, is intended to ensure that the public has the opportunity to be meaningfully involved in all phases of the land use planning process. To participate in land use decisions, the public needs to be notified of the proposal or project, understand the legal framework for the decision and understand the implications of the decision. Minimum land use noticing requirements and procedures are written into Oregon Revised Statute (ORS) and County Code. The legal framework for planning in Oregon starts with the Statewide Planning Goals and associated statutes and rules. The State land use program was intended to set some general parameters for land use planning and protect resources, such as the farm and forest lands that were Oregon’s primary economic drivers. Although the Statewide Goals all have equal value, they do not all provide the same level of detailed direction. Over time, State regulations have been amended or interpreted through changes to ORS, Statewide Goals, Oregon Administrative Rules and case law. These changes and interpretations have provided legal and technical clarity, but they have created a complex set of land use rules that are confusing to the public. State land use regulations are implemented by local governments through Comprehensive Plan policies, which in turn are implemented, in part, through land use codes such as zoning codes. Writing new policies and code language is often referred to as the Legislative process because this is where policy direction is set and regulations are adopted. Local decision makers determine within the State planning structure, what policies and codes best meet the needs and values of the community. Policy implementation occurs when land use codes are applied to specific projects or proposals. This is referred to as the Quasi-judicial process, because it is where the project or proposal is judged for compliance with existing codes based on findings. This is often the stage where the public gets involved. An individual property owner proposes to do something with his or her land. The decision to allow the proposal will be based solely on whether the proposal meets the existing criteria. The reasoning behind the existing regulations is not the primary focus of the discussion because that has been established through the adoption of the policy or code. This can lead to the perception that community concerns are not being heard. Involving the public in land use policy setting and code writing helps ensure that they reflect community values. The final step, understanding the implications of a land use policy or a proposed project, is achieved through planning staff reports and Hearing Officer decisions that are written in clear language with all technical terms explained and findings firmly established. Advisory Committees Advisory Committees provide a vital link between County government and its citizenry. The descriptions below summarize the Deschutes County land use related advisory committees. Section 1.2 Community Involvement 10 DESCHUTES COUNTY COMPREHENSIVE PLAN – 2011 CHAPTER 1 COMPREHENSIVE PLANNING SECTION 1.2 COMMUNITY INVOLVEMENT Deschutes County Planning Commission The Deschutes County Planning Commission provides recommendations to the Board of County Commissioners on land use, primarily legislative code changes, for the unincorporated areas of the County. They also operate as the Goal 1 committee for community involvement. The Deschutes County Planning Commission is composed of seven volunteer members appointed to four-year terms by the Board of County Commissioners (Board). The Planning Commission is established pursuant to ORS 215.020 and 215.030 and governed by County Code 2.52. Membership of the commission is representative of the various geographic areas of the County. As much as possible, members are selected through an open process that looks to balance the diverse views of Deschutes County residents. Historic Landmarks Commission The Historic Landmarks Commission serves as a hearings body for matters concerning historical districts, buildings and structures and sites within the County (and the cities of Bend, La Pine, Redmond and Sisters). The Landmarks Commission is composed of nine voting and a number of non-voting ex-officio members who have demonstrated expertise in historic preservation related disciplines. Commissioners serve four-year terms (see also Section 2.11). Other Land Use Related Advisory Groups Project Wildfire is a committee formed to coordinate, develop and implement strategies to mitigate the effects of losses due to natural disasters that strike Deschutes County. Project Wildfire is composed of 15 to 27 members who reside or represent agencies within Deschutes County. All members are appointed by the Board and serve four years (see also Section 3.5). The Deschutes Provisional Advisory Committee (PAC) is one of 12 in the Western U.S. to facilitate the successful implementation of the 1994 Record of Decision for Amendments to the Forest Service and Bureau of Land Management Planning Documents within the Range of the Northern Spotted Owl. Each PAC provides advice regarding implementation of a comprehensive ecosystem management strategy for federal land within a province. Each PAC is comprised of approximately 29 members and meets about four times annually, including one or two field trips, which give participants a broad perspective of Northwest Forest Plan provincial accomplishments. The Deschutes River Mitigation and Enhancement Program helps achieve Oregon Department of Fish and Wildlife (ODFW) habitat and management goals and objectives within the Upper Deschutes River sub-basin, consistent with an agreement between the Central Oregon Irrigation District (COID) and ODFW. As part of that agreement COID provides ODFW with funds to develop and implement a fish and wildlife habitat mitigation and enhancement program for the Upper Deschutes River Basin. The Deschutes River Mitigation and Enhancement Committee has seven voting members appointed to three-year terms by the Board (see also Section 2.5). Community Involvement Program Statewide Planning Goal 1 requires a citizen involvement program with six components. The required components and the primary methods of County implementation are described below. DESCHUTES COUNTY COMPREHENSIVE PLAN – 2011 11 CHAPTER 1 COMPREHENSIVE PLANNING SECTION 1.2 COMMUNITY INVOLVEMENT ▪ Citizen Involvement – Provide for widespread citizen involvement. ▪ The Planning Commission acts as the committee for community involvement. ▪ Communication – Assure effective two-way communications between local officials and citizens. ▪ This is accomplished through a variety of techniques, including newsletters, email lists, display ads or mailings. ▪ Citizen Influence – Provide opportunities for citizens to be involved in all phases of the planning process ▪ Deschutes County Code Title 22 describes land use noticing and procedures. ▪ Technical Information – Assure technical information is available in an understandable form. ▪ Clearly written staff reports assure all information is available and comprehensible. ▪ Feedback mechanisms – Assure that citizens get responses from policy makers. ▪ A written record is maintained for all formal proposals and procedures ensure that those who participate and request notification are notified of the decision. ▪ Financial support – Ensure adequate funding for the citizen involvement program. ▪ Funding and staffing are maintained for the Planning Commission and for sending required notices. The list above describes the minimum requirements. Deschutes County takes a more active stand, maintaining an updated website, holding public meetings around the County and reaching out to the community. 12 DESCHUTES COUNTY COMPREHENSIVE PLAN – 2011 CHAPTER 1 COMPREHENSIVE PLANNING SECTION 1.2 COMMUNITY INVOLVEMENT Section 1.2 Community Involvement Policies Goal and Policies Goal 1 Maintain an active and open community involvement program that is accessible to all members of the community and engages the community during development and implementation of land use policies and codes. Policy 1.2.1 This section serves as the Community Involvement Program. Policy 1.2.2 The Planning Commission will be the Committee for Community Involvement, with County support. a. Maintain funding and staffing. b. Provide regular updates, speakers, panel discussions and handouts on land use law and policy. c. Appoint members through an open and public process to reflect the geographic areas and diverse values of Deschutes County residents. d. Meet with the Board of County Commissioners at least once a year to coordinate planning policies and activities. e. Complete an annual report on community involvement implementation for the State Citizen Involvement Advisory Committee, the Board of County Commissioners and the public. Policy 1.2.3 Encourage community participation in planning through a variety of tools and techniques, including: a. Post all planning applications, decisions, projects and plans on the County website; b. Provide staff reports for comprehensive plan and zoning text amendments to the public in a timely manner; c. Write all County planning documents to be accessible and understandable to the general public, with acronyms spelled out and technical language explained; d. Hold area-specific comprehensive plan and zoning text amendment public hearings in locations and at times convenient to area residents, as appropriate; e. Require pre-application meetings for comprehensive plan and zoning text amendments; and for major or potentially contentious projects encourage the applicants to hold an informal community meeting before submitting an application. Policy 1.2.4 Reach out to the community to discuss and respond to land use concerns in a timely manner. Policy 1.2.5 Ensure effective, efficient planning procedures. DESCHUTES COUNTY COMPREHENSIVE PLAN – 2011 13 CHAPTER 1 COMPREHENSIVE PLANNING SECTION 1.3 LAND USE Background This section establishes the overall framework for the development and implementation of plans and policies for land use within the County. Statewide planning guidelines require each county to establish a land use planning process based on current issues and factual information. The policies in this section assure that the County’s land use policies are current, fact-based and responsive to change. The policies recognize the need for coordination between the cities and the County and provide full public access to Plan documents and the information upon which land use decisions are based. As noted throughout this Plan, there are two important things to remember. First, the Oregon land use system draws a bright line between rural and urban lands and promotes new growth and infrastructure in urban areas. Growth on rural lands is limited in order to protect farms, forests, open spaces and natural resources. Deschutes County is required to plan in compliance with the State planning system in order to promote orderly and efficient growth and protect the resources important to Oregonians. Second, land use is often controversial because ultimately it can intermix community values with private property rights and expectations. A property owner may choose to keep pigs, or start a day care center or build a windmill. For each of those uses there may be impacts on the neighbors in the form of odors, traffic or blocked views. Land use regulations attempt to achieve a balance between giving property owners the freedom to use their property however they choose while maintaining the livability of the neighborhood and wider community. This Plan recognizes those tensions that occur when creating land use policies. Land Use Statewide Planning Goal 2 Land Use Planning, requires a fact-based land use planning process and policy framework to guide land use decisions. It requires comprehensive planning that identifies issues and complies with Statewide Planning Goals. Goal 2 also addresses the process to allow exceptions to Statewide Goals (see also Section 5.10). In 1979 the County complied with the Statewide planning system by writing a Comprehensive Plan. From 1988-2003 the County underwent State mandated Periodic Review to ensure the Plan was still in compliance with changing State regulations. The 2008-2011 update was done outside of Periodic Review, which is no longer required for Oregon counties. Instead, the County recognized that to remain valid the Comprehensive Plan needed to be completely rewritten and updated. For historic reference, a copy of the Comprehensive Plan replaced by this Plan will remain available on the County website. This Plan is a policy document based on existing facts and community values. No specific land use designation changes are included in the 2008-2011 Plan update. Instead, this Plan revisits each Statewide Goal, its existing Goals and Policies, community values and new issues requiring policy direction. It lays out a blueprint for the future and defines what matters to County residents and businesses through updated Goals and Policies. Section 1.3 Land Use Planning 14 DESCHUTES COUNTY COMPREHENSIVE PLAN – 2011 CHAPTER 1 COMPREHENSIVE PLANNING SECTION 1.3 LAND USE The Comprehensive Plan is implemented primarily through zoning and the zoning code must be regularly reviewed for compliance with the Plan. However, there are other tools for implementation, such as capital improvement plans, partnerships or incentive programs. To assure this Plan remains useful, an action plan identifying various ideas for implementing Comprehensive Plan policies will be created. The action plan will be annually updated and reviewed to identify and prioritize work plans for the coming year. Land Ownership and Jurisdiction When considering land use in Deschutes County two important factors are the amount of public ownership and which lands are under County jurisdiction. Table 1.3.1 shows nearly 80% of land in the County is publically owned. The implications of the large tracts of public land range from the loss of tax revenue to having vast open lands available for recreation for both tourists and residents. TTaabbllee 11..33..11 –– PPuubblliicc LLaanndd iinn DDeesscchhuutteess CCoouunnttyy 22001100 Ownership Acres* Percent Total County Acres 1,913,482 100% Federal Government 1,466,067 76.6% State Government 53,051 2.8% County Government 10,434 0.6% Total Public Lands 1,529,552 79.9% * Acres of parcels – does not include roads, right-of-ways, lakes, rivers or other publicly-owned parcels such as cities or park districts Source: County Geographical Information System Table 1.3.2 shows jurisdictional responsibilities. Note that the federal government, primarily through the Bureau of Land Management and the U.S. Forest Service, owns over 76% of the land in the County. Federal lands are not required to conform to local regulations, such as zoning. They rely on their own resource plans. This means a majority of lands in the County are not under County jurisdiction. However, they remain in this Plan to encourage intergovernmental policy coordination. TTaabbllee 11..33..22 –– 22001100 LLaanndd JJuurriissddiiccttiioonn iinn DDeesscchhuutteess CCoouunnttyy 22001100 Jurisdiction Acres* Percent Total County Acres 1,913,482 100% Federal Government 1,466,067 76.6% Bend Urban Growth Boundary 17,534 0.9% La Pine Urban Growth Boundary 4,008 0.2% Redmond Urban Growth Boundary 10,733 0.6% Sisters Urban Growth Boundary 1,023 0.1% Total Cities 33,298 1.7% Total Other Jurisdiction 1,499,365 78.4% * Acres of parcels – does not includes roads, right-of-ways, lakes and rivers Source: County Geographical Information System In addition to Federal lands, four cities have primary jurisdiction over less than 2% of lands in the County. This includes lands outside the incorporated city boundaries, but inside urban growth boundaries. The urban growth boundaries define a municipality’s 20-year land supply to accommodate future growth. These lands are managed by the cities through intergovernmental DESCHUTES COUNTY COMPREHENSIVE PLAN – 2011 15 CHAPTER 1 COMPREHENSIVE PLANNING SECTION 1.3 LAND USE agreements between the cities and the County. The bottom line is that the County has land use jurisdiction over approximately 22% of the land base. Comprehensive Plan Map Designations The Comprehensive Plan Map (Map) illustrates the County’s goals and policies. The Map describes land use categories that provide for various types of development and conservation for the rural area during the 20-year planning period. Each Comprehensive Plan map designation provides the land use framework for establishing zoning districts. Zoning defines in detail what uses are allowed for each area. The Deschutes County Comprehensive Plan and Zoning Maps exist in official replica form as an electronic map layer within the County Geographic Information System. Other maps illustrating various Comprehensive Plan areas, such as rural commercial properties, are available to the public for informational purposes. The Comprehensive Plan map designations are defined below. Agriculture: To preserve and maintain agricultural lands for farm use. Airport Development: To allow development compatible with airport use while mitigating impacts on surrounding lands. Destination Resort Combining Zone: To show lands eligible for siting a destination resort. Forest: To conserve forest lands for multiple forest uses. Open Space and Conservation: To protect natural and scenic open spaces, including areas with fragile, unusual or unique qualities. Rural Residential Exception Areas: To provide opportunities for rural residential living outside urban growth boundaries and unincorporated communities, consistent with efficient planning of public services. Surface Mining: To protect surface mining resources from development impacts while protecting development from mining impacts. Resort Community: To define rural areas with existing resort development that are not classified as a destination resort, based on Oregon Administrative Rule 660-22 or its successor. Rural Community: To define rural areas with limited existing urban-style development, based on Oregon Administrative Rule 660-22 or its successor. Rural Service Center: To define rural areas with minimal commercial development as well as some residential uses, based on Oregon Administrative Rule 660-22 or its successor. Urban Unincorporated Community: To define rural areas with existing urban development, based on Oregon Administrative Rule 660-22 or its successor. Rural Commercial: To define existing areas of isolated rural commercial development that do not fit under Oregon Administrative Rule 660-22. Rural Industrial: To define existing areas of isolated rural industrial development that do not fit under Oregon Administrative Rule 660-22. 16 DESCHUTES COUNTY COMPREHENSIVE PLAN – 2011 CHAPTER 1 COMPREHENSIVE PLANNING SECTION 1.3 LAND USE Urban Growth Boundaries: To define land that provides for urban development needs and identifies and separates urban and urbanizable land from rural land Bend Urban Area Reserve: To define lands outside of Bend’s Urban Growth Boundary that were under the jurisdiction of the Bend Area General Plan. These areas were removed in September 2016 through the 2016 amendment to the Bend Urban Growth Boundary. These areas are now under the jurisdiction of the County’s Comprehensive Plan. Redmond Urban Reserve Area: To define Redmond’s additional 30-year growth boundary for lands expected to be brought into the Urban Growth Boundary. Comprehensive Plan Map Designations and Associated Zoning Table 1.3.3 lists existing Comprehensive Plan designations and related Zoning districts. Some Plan designations apply County-wide and some only apply to designated areas of existing development. The Destination Resort designation is a combining zone that supplements the underlying zoning. Most of the area-specific designations fall under the State rules for Unincorporated Communities and are detailed in Chapter 4 of this Plan. The Rural Commercial and Rural Industrial areas are detailed in Chapter 3 under Rural Economy. TTaabbllee 11..33..33 -- CCoommpprreehheennssiivvee PPllaann aanndd ZZoonniinngg CCooddee DDeessiiggnnaattiioonnss Comprehensive Plan Designation Associated Deschutes County Zoning Code County-wide designations Agriculture Title 18 - All EFU subzones Airport Development Title 18 - AD, AS Destination Resort Combining Zone Title 18 - DR Forest Title 18 - F-1, F-2 Open Space and Conservation Title 18 - OS&C Rural Residential Exception Area Title 18 - RR-10 and MUA-10 Surface Mining Title 18 - SM Area specific designations Resort Community Title 18 - All Black Butte Ranch and Inn of the 7th Mountain/Widgi Creek subzones Rural Community Title 18 - All Tumalo and Terrebonne subzones Rural Service Center Title 18 - All RSC zones Urban Unincorporated Community Title 18 - All Sunriver subzones Rural Commercial Title 18 - Rural Commercial Rural Industrial Title 18 - Rural Industrial Bend Urban Growth Area Title 19 - UAR-10, SM, SR 2 ½, RS, IL, FP, WTZ Redmond Urban Growth Area Title 20 - UH-10 Sisters Urban Growth Area Title 21 - UAR-10, OA, FP Redmond Urban Reserve Area Title 18 - RURA Source: County Geographical Information System and Deschutes County Code Intergovernmental and Other Coordination Regional Coordination Deschutes County is responsible for coordinating all planning activities affecting land uses within the County. ▪ Coordinating population forecasts DESCHUTES COUNTY COMPREHENSIVE PLAN – 2011 17 CHAPTER 1 COMPREHENSIVE PLANNING SECTION 1.3 LAND USE ▪ Coordinating with special districts, including irrigation districts, park districts, school districts, sewer districts, and water districts ▪ Establishing Cooperation Agreements with special districts that provide an urban service in a UGB ▪ Coordinating with the U.S. Forest Service and Bureau of Land Management ▪ Joint Management Agreements with municipalities for managing urban growth areas (areas outside city limits, but inside a UGB) ▪ Establishing Urban Reserve Areas The County recognizes the importance of working closely and cooperatively with the cities of Bend, La Pine, Redmond and Sisters, as well as special districts and state and federal agencies, to ensure a coordinated approach to future growth and conservation. Cooperative Agreements Cities are required to enter into a cooperative agreement with each special district that provides an urban service within a UGB. The appropriate city may also enter into a cooperative agreement with any other special district operating within a UGB. Urban Service Agreements Deschutes County has the responsibility for negotiating urban service agreements with representatives of all cities and special districts that provide, or declare an interest in providing, urban services inside an Urban Growth Boundary. Urban service means: ▪ Sanitary sewers; ▪ Water; ▪ Fire protection; ▪ Parks; ▪ Open space; ▪ Recreation; and ▪ Streets, roads and mass transit. ▪ Special Districts Special Districts Special districts are defined in ORS 198.010 and are recognized as government bodies. Special districts include the following. TTaabbllee 11..33..44 -- SSppeecciiaall DDiissttrriiccttss Utility district Rural fire protection district Water supply district Irrigation district Cemetery maintenance district Drainage district Park and recreation district organized Water improvement district Mass transit district Water control district Metropolitan service district organized Vector control district Special road district 9-1-1 communications district Road assessment district Geothermal heating district Highway lighting district Transportation district Health district Library district Sanitary district Soil & water conservation district 18 DESCHUTES COUNTY COMPREHENSIVE PLAN – 2011 CHAPTER 1 COMPREHENSIVE PLANNING SECTION 1.3 LAND USE Sanitary authority, water authority or joint water and sanitary authority OOtthheerr CCoooorrddiinnaattiioonn Besides intergovernmental coordination, Deschutes County generally supports coordination and partnerships with non-profits and other organizations that are working with residents to improve the quality of life in the County. There are groups working to address issues from affordable housing to clean rivers, from economic development to fire-free neighborhoods. Two examples of community projects that were completed from 2006-2010 are the Bend 2030 Plan and the Deschutes County Greenprint, both created after extensive public outreach. Note that the nature and extent of the County’s role will vary based on County priorities at any given time and that coordination on a project does not ensure County support of every action undertaken on that project. Still, partnering is an efficient and effective method of addressing important issues. County-Owned property When considering land use it is important to consider County-owned lands, which are managed through Deschutes County Code Title 11. As of 2009 there were nearly 700 individual parcels owned by the County, totaling almost 8,000 acres. Management of these properties consists of defining appropriate uses for different parcels, cleaning up illegal dumpsites, fire hazard reduction and public auction. Many of these properties were acquired through foreclosure for non-payment of property taxes. It is anticipated that the County will continue to acquire lands through foreclosure. Starting in 1994 the County began to designate certain sensitive properties along rivers, creeks or streams or with wildlife, wetlands or other values, as park lands. The intent was not to develop these lands for park use but rather to preserve lands with valuable resources. The park designation means that the lands would be retained in public ownership unless there was a public hearing and the Board of County Commissioners determined that selling was in the best interest of the public. ORS 275.330 governs the disposal of these lands, stating that if they are sold the proceeds must be dedicated to park or recreation purposes. As of 2009, there were approximately 70 properties designated as park lands under the following Orders. Order # 94-138 96-071 97-147 97-151 98-127 2004-001 2004-037 2006-019 DESCHUTES COUNTY COMPREHENSIVE PLAN – 2011 19 CHAPTER 1 COMPREHENSIVE PLANNING SECTION 1.3 LAND USE Section 1.3 Land Use Planning Policies Goals and Policies Goal 1 Maintain an open and public land use process in which decisions are based on the objective evaluation of facts. Policy 1.3.1 Protect the limited amount of privately-owned land in Deschutes County through consideration of private property rights and economic impacts to property owners and the community when creating and revising land use policies and regulations. a. Evaluate tools such as transfer of development rights programs that can be used to protect private property. Policy 1.3.2 Consider sustainability and cumulative impacts when creating and revising land use policies and regulations. Policy 1.3.3 Involve the public when amending County Code. Policy 1.3.4 Maintain public records which support the Comprehensive Plan and other land use decisions. Policy 1.3.5 Review the Comprehensive Plan every five years and update as needed, in order to ensure it responds to current conditions, issues and opportunities, as well as amended State Statute, Oregon Administrative Rules and case law. Policy 1.3.6 Maintain and enhance web-based property-specific information. Policy 1.3.7 The Deschutes County Comprehensive Plan Map will be retained in official replica form as an electronic map layer within the County Geographic Information System and is adopted as part of this Plan. Policy 1.3.8 Implement, as appropriate, recommendations in the Final Report from the Oregon Task Force on Land Use Planning dated January 2009. Policy 1.3.9 A list of actions to implement this Comprehensive Plan shall be created, maintained and reviewed yearly by the Community Development Department and the Board of County Commissioners. Goal 2 Promote regional cooperation and partnerships on planning issues. Policy 1.3.10 Regularly review intergovernmental and urban management agreements, and update as needed. Policy 1.3.11 Participate in and, where appropriate, coordinate regional planning efforts. a. Provide affected agencies, including irrigation districts, an opportunity to comment and coordinate on land use policies or actions that would impact their jurisdictions. Policy 1.3.12 Support non-profit or public acquisition of lands determined through an extensive public process to have significant value to the community. Policy 1.3.13 Support implementation of the Bend 2030 Plan and incorporate, as appropriate, elements from the Bend 2030 Plan into this Plan. 20 DESCHUTES COUNTY COMPREHENSIVE PLAN – 2011 CHAPTER 1 COMPREHENSIVE PLANNING SECTION 1.3 LAND USE Goal 3 Manage County owned lands efficiently, effectively, flexibly and in a manner that balances the needs of County residents. Policy 1.3.14 Where feasible, maintain and manage County owned properties as follows: a. Manage designated park lands to preserve the values defined in the park designation; b. Permit public access to County owned lands designated as parks unless posted otherwise; c. Encourage properties located along rivers, streams or creeks or containing significant wildlife, scenic or open space values to be designated as park land. DESCHUTES COUNTY COMPREHENSIVE PLAN – 2011 21 CHAPTER 1 COMPREHENSIVE PLANNING REFERENCES Chapter 1 Primary References References1 1. Oregon Department of Land Conservation and Development. Goal 1: Citizen Involvement. Oregon’s Statewide Planning Goals and Guidelines. 2. Putting the People in Planning: A Primer on Public Participation in Planning, produced by Oregon’s Citizen Involvement Advisory Committee – Third Edition – May 2008 3. Oregon. Department of Land Conservation and Development. Goal 2: Land Use Planning. Oregon’s Statewide Planning Goals and Guidelines. 4. Oregon Task Force on Land Use Planning, Final Report to the 2009 Oregon Legislature, January 2009 5. Oregon Revised Statute 197, particularly: a. 197.173-197.200 Comprehensive Planning Responsibilities b. 197.201-197.283 Goals Compliance c. 197.610-197-651 Post-Acknowledgement Procedures 6. Oregon Administrative Rules Chapter 660, particularly: a. 660-003 Acknowledgement of Compliance b. 660-004 Goal 2 Exceptions Process c. 660-015 Statewide Planning Goals and Guidelines d. 660-018 Post-Acknowledgement Amendments 7. Bend 2030 at http://bend2030.org 8. Oregon’s Playground Prepares for the Future: A Greenprint for Deschutes County. The Trust for Public Land. 2010 1 The references listed are provided for the convenience of the public and are not legally adopted into this Plan.